Concern at lack of clarity on conditions for further nitrates derogation
There is rising concern about the lack of detail regarding terms and conditions that may be applied to an extension of the nitrates derogation for Ireland.
Earlier today (Thursday, November 27), EU Environment Commissioner Jessika Roswall confirmed to Agriland that the European Commission had submitted a draft proposal to approve Ireland's request for the continuation of the nitrates derogation.
This proposal is due to be voted on by the EU Nitrates Committee on December 9, 2025.
President of the Irish Creamery Milk Suppliers' Association (ICMSA), Denis Drennan, said that while his association welcomes the announcement that a three-year extension was likely, there were "very considerable concerns around the 'Ts and Cs' that the extension would entail".
“Obviously, three years is a short period and doesn’t allow farmers to plan with certainty for the long-term," he said.
"It’s cliché, but if there was ever a case where ‘the devil is in the detail’, then it’s going to be the conditions that will be attached to the granting of individual derogations to individual farmers.
"They were already very onerous; some measures are highly questionable and the whole process is more complicated and cumbersome than it should be.
"We have around 7,000 farmers operating sustainably under the derogation and they are already the most regulated and most inspected in the state," Drennan added.
The ICMSA has said that securing the extension is only one step in the process, the other element is about ensuring that the system of applying for, and operating under, the derogation is "feasible and affordable”.
Terms and conditions
Echoing these concerns today is Fianna Fáil MEP for Ireland South, Billy Kelleher.
He said: "Ultimately, it is the conditions that will be attached to Ireland’s nitrates derogation that will determine if the decision to extend the derogation is a victory or another problem for Irish dairy."
Kelleher, who is a member of the European Parliament's Environment (ENVI) Committee, added: “Of course, an extension is welcome, and I am grateful to Commissioner Roswall for listening to the concerns of the Irish dairy sector.
“However, if the conditions are so onerous or burdensome that it makes operating too problematic, then today’s announcement won’t move the dial in the right direction for Irish agriculture.
“Furthermore, if additional conditions are now applied, time is needed to allow farmers and the government to implement them, and to then see the fruits of their efforts in terms of reducing our nitrates emissions," Kelleher added.
Minister Martin Heydon has said that requirements for an extension to the derogation include the need for Ireland to conduct environmental assessments at catchment level to demonstrate compliance with the Habitats Directive.
"This is a massive undertaking - it will require a significant investment of time and resources to complete these assessments. The commission has agreed to a three-year derogation to facilitate completion of this work," Minister Heydon said.
